man signing paperwork with wedding ring on the table

Are There Advantages to Filing For Divorce First?

Deciding whether or not to file for divorce is never easy. If both you and your spouse have discussed splitting up, you may be separately wondering whether or not to file first. Does the first to file get any type of advantage in the divorce? Let’s discuss how being the spouse who files may or may not affect different factors of your divorce.

Knowing What is Happening

One of the main benefits of being the first to file, or the petitioner, is starting the timeline. When you file for divorce, you initiate the process. Once you know you are going to file, you can also take time to get yourself organized beforehand. This helps you feel more prepared rather than being notified of the divorce second, which can make you feel rushed if you are not ready.

Another benefit of petitioning for the divorce may be the automatic temporary restraining order. This order prevents your spouse from taking your children out of state, selling marital property, and more. If you fear your spouse may take unfair actions regarding your kids or property, this can be a benefit of filing first as prevention.

Does the Petitioner Get More In the Divorce?

The petitioner gets to list their wishes first. When they file for divorce, they will include a list of properties they wish to keep, their ideal child custody setup, and more. Then, the other spouse, or respondent, will provide their response to the provisions and their wishes.

Generally, the partner who files first will not get any different outcome than the partner who is the respondent. The designation of who filed for the divorce will not impact the decisions made.

Ready to File for Divorce in Long Beach?

Attorney Robert Curtis is here to help you get started. We understand that once you have decided to divorce, you want to begin and finalize as quickly as possible. We are here to help you get through your divorce efficiently and set you up for long-term success and happiness. Contact our firm today at (562) 315-7107 to get started on your divorce.